Delhi HC quashes FIR against woman for carrying live cartridge in travel bag

PTI, Dec 16, 2021, 4:20 PM IST

The Delhi High Court has quashed an FIR against a woman for allegedly carrying a live cartridge in her bag while travelling to Goa from IGI Airport here.

While quashing the FIR, Justice Subramonium Prasad said there are several other orders of this court in which it had taken similar action on the ground that if the accused is not in a conscious possession of the ammunition, she cannot be prosecuted for the offence under the Arms Act.

The woman, an IT professional, submitted that the ammunition belonged to her father, who holds a valid .32 bore revolver license and it was inadvertently carried in her bag.

”In the facts and circumstances of this case, this court is inclined to quash the FIR dated February 5, 2021 registered at Police Station IGI Airport, New Delhi for an offence under Section 25 of Arms Act 1959 and the proceedings emanating therefrom,” the high court said.

Advocate Amit Sahni, appearing for the petitioner, said the woman was carrying her father Kuldeep Singh’s bag for travelling purpose inside which a live cartridge was left inadvertently without her knowledge.

He said Singh had produced all the relevant documents of the licenced ammunition before the IGI Airport Police Station and requested to close the FIR but in vain.

The counsel said the woman had only a single live cartridge without there being any firearm itself showed that she was not in a conscious possession of the ammunition and that she cannot be prosecuted under the Arms Act.

The incident took place on February 5, 2021 when the woman was travelling to Goa from Delhi from Terminal-3 of Indira Gandhi International Airport here. During security check, one live cartridge was found in her luggage and she stated that the ammunition belonged to her father who has a subsisting arms licence.